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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-09-14
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 116 entries

Parties

Plaintiff Deutsche Bank National Trust Company, As Trustee For Cdc Mortgage Capital Trust 2003 He 3, Mortgage Pass Through Certificates, Series 2003 He 3
Defendant Deborah Davis|Timothy J Davis
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. CLERK FEE, POUNDAGE TAKEN
  3. THE RENEWED MOTION OF DEFENDANT TIMOTHY DAVIS FOR DISTRIBUTION OF EXCESS SHERIFF'S SALE PROCEEDS IS GRANTED. ORDER SEE JOURNAL. NOTICE ISSUED
  4. GENERAL PLEADING FILED BY D2 TIMOTHY J DAVIS ATTORNEY JEFFREY T KALNIZ 0067213 REQUEST FOR RULING ON RENEWED MOTION FOR DISTRIBUTION OF EXCESS SHERIFF SALE PROCEEDS
  5. MOTION FILED FOR D2 TIMOTHY J DAVIS JEFFREY T KALNIZ 0067213 RENEWED MOTION FOR DISTRUBITION OF EXCESS SHERIFF SALE PROCEEDS
  6. DEPOSIT AMOUNT PAID SHERIFF
  7. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $40,397.91
  8. DEPOSIT AMOUNT PAID SHERIFF
  9. DEPOSIT REQUIRED FOR COURT COSTS TO CLERK $1,775.16 SHERIFF
  10. TO COURT: 03/27/2025 ALIAS ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: SMARTLAND FND4, LLC ........................................................................................... FOR $205,100.00 DATE OF SALE 11/12/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  11. NOTICE OF CHANGE OF ADDRESS FILED D2 TIMOTHY J DAVIS, JEFFREY T KALNIZ 0067213 NOTICE OF CHANGE OF ADDRESS OF COUNSEL FOR DEFENDANT TIMOTHY J. DAVIS
  12. REGULAR MAIL SERVICE RECEIPT NO. 55931244 RETURNED 02/19/2025 FAILURE OF SERVICE ON DEFENDANT KALNIZ/JEFFREY/T ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  13. CERTIFIED MAIL RECEIPT NO. 56052466 RETURNED BY U.S. MAIL DEPARTMENT 02/12/2025 DAVIS/DEBORAH/ MAIL RECEIVED AT ADDRESS 02/19/2025 TENDERED TO AGENT FOR FINAL DELIVERY
  14. JUDGMENT DEBTOR NOTICE(56052466) SENT BY CERTIFIED MAIL. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  15. WRIT FEE
  16. JUDGMENT ENTRY(55931248) SENT BY REGULAR MAIL SERVICE. TO: SMARTLAND FND4, LLC 35350 CURTIS EASTLAKE, OH 44095-0000
  17. JUDGMENT ENTRY(55931247) SENT BY REGULAR MAIL SERVICE. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  18. JUDGMENT ENTRY(55931244) SENT BY REGULAR MAIL SERVICE. TO: JEFFREY T KALNIZ 3409 N. HOLLAND SYLVANIA ROAD SUITE 10 TOLEDO, OH 43615-0000
  19. JUDGMENT ENTRY(55931246) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  20. JUDGMENT ENTRY(55931245) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  21. JUDGMENT ENTRY(55931243) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  22. JUDGMENT ENTRY(55931242) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  23. DECREE OF CONFIRMATION (Parcel(s) #86208053) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO DMITRIY BREGER A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  24. PLAINTIFF'S MOTION FOR AMENDED JUDGMENT ENTRY/SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 11/25/2024, IS GRANTED. ORDER SEE JOURNAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  25. POST JUDGMENT MOTION $30 TED A HUMBERT (0022307) MOTION FOR AMENDED JUDGMENT ENTRY/SUPPLEMENTAL ORDER OF DISTRIBUTION
  26. DEPOSIT AMOUNT PAID TED A HUMBERT
  27. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $648.80 PREPAID TO LEGAL NEWS.
  28. ALI ORDER OF SALE RETURNED 11/14/2024, SOLD DATE 11/12/2024 SOLD TO: DMITRIY BREGER FOR $183,600.00
  29. CASE REFUND TO CLUNK HOOSE CO., LPA
  30. DEPOSIT AMOUNT PAID SHERIFF
  31. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $3,529.10
  32. DEPOSIT AMOUNT PAID SHERIFF
  33. DEPOSIT REQUIRED FOR VACATED SHERIFF SALE $1,292.90 SHERIFF
  34. SHERIFF SALE VACATED
  35. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SALE
  36. LAND APPRAISAL ALI, FILED
  37. ALIAS ORDER OF SALE ISSUED TO TO SHERIFF WITHOUT APPRAISAL Parcel#(s) 862-08-053
  38. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  39. PRAECIPE FOR ORDER OF SALE $600 PRAECIPE FOR ALIAS ORDER OF SALE
  40. THE MOTION AND AFFIDAVIT IN CONTEMPT, FILED 07/23/2024, IS GRANTED. ORDER SEE JOURNAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  41. CUYAHOGA COUNTY SHERIFF DEPT -- SHERIFF SERVICE ISSUED TO VADIM KLEYNER -- SERVICE FEE $14.10
  42. CLERK FEE MOTION AND AFFIDAVIT IN CONTEMPT
  43. MOTION FILED FOR ADAM D. JUTTE 0081671 MOTION AND AFFIDAVIT IN CONTEMPT 09/24/2024 - GRANTED
  44. JUDGMENT ENTRY(54314238) SENT BY REGULAR MAIL SERVICE. TO: SMARTLAND FND4, LLC 35350 CURTIS EASTLAKE, OH 44095-0000
  45. HEARING SET FOR 09/09/2024 AT 09:30 AM. HEARING ON THE MOTION AND AFFIDAVIT FOR CONTEMPT. FAILURE OF THE SUCCESSFUL PURCHASER TO APPEAR MAY RESULT IN A FINDING OF CONTEMPT AND APPROPRIATE SANCTIONS. THE CLERK OF COURTS IS ORDERED TO SERVE SMARTLAND FND4, LLC AT 35350 CURTIS, EASTLAKE, OH 44095 WITH A COPY OF THIS ENTRY. NOTICE ISSUED
  46. HEARING HELD. ON DEFENDANT'S MOTION FOR DISTRUBITION OF EXCESS SHERIFF SALE PROCEEDS. ATTORNEY MEHLER APPEARED ON BEHALF OF DEFENDANT TIMOTHY DAVIS. NO ADDITIONAL PARTIES APPEARED. THE MOTION OF DEFENDANT TIMOTHY DAVIS FOR DISTRIBUTION OF PROCEEDS, FILED 05/03/2024, IS GRANTED IN PART. ORDER SEE JOURNAL. NOTICE ISSUED
  47. HEARING PREVIOUSLY SCHEDULED FOR 06/17/2024 AT 10:00 AM IS RESCHEDULED FOR 06/24/2024 AT 10:00 AM. . . NOTICE ISSUED
  48. THE MOTION OF DEFENDANT TIMOTHY J. DAVIS'S TO CONTINUE HEARING, FILED 06/04/2024, IS GRANTED. THE HEARING SET FOR 06/17/2024 IS CANCELED AND WILL BE RESCHEDULED BY SEPARATE ORDER. NOTICE ISSUED
  49. HEARING SCHEDULED FOR 06/17/2024 AT 10:00 AM IS CANCELLED. MAGISTRATE: JIM L JACKSON (0078764) REASON: MOTION TO CONTINUE GRANTED. (notice sent).
  50. D2 TIMOTHY J DAVIS'S MOTION FOR CONTINUANCE JEFFREY T KALNIZ 0067213. ^F^ MOTION TO CONTINUE HEARING 06/07/2024 - GRANTED
  51. HEARING SET FOR 06/17/2024 AT 10:00 AM. HEARING ON THE MOTION OF DEFENDANT TIMOTHY J. DAVIS FOR DISTRIBUTION OF EXCESS FUNDS. COUNSEL FOR TIMOTHY J. DAVIS SHALL APPEAR IN PERSON AND DEMONSTRATE TO THE COURT THAT THE FUNDS SOUGHT ARE SOLELY THOSE OF TIMOTHY J. DAVIS , AND NOT TO BE SPLIT WITH DEBORAH DAVIS, WHO IS LISTED AS A DEFENDANT AND HALF OWNER OF THE PROPERTY PURSUANT TO THE PRELIMINARY JUDICIAL REPORT FILED HEREIN. NOTICE ISSUED
  52. MOTION FILED FOR D2 TIMOTHY J DAVIS JEFFREY T KALNIZ 0067213 MOTION FOR DISTRUBITION OF EXCESS SHERIFF SALE PROCEEDS 06/26/2024 - GRANTED IN PART
  53. JUDGMENT ENTRY(53640606) SENT BY REGULAR MAIL SERVICE. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  54. JUDGMENT ENTRY(53640603) SENT BY REGULAR MAIL SERVICE. TO: JEFFREY T KALNIZ 3409 N. HOLLAND SYLVANIA ROAD SUITE 10 TOLEDO, OH 43615-0000
  55. JUDGMENT ENTRY(53640605) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  56. JUDGMENT ENTRY(53640604) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  57. JUDGMENT ENTRY(53640602) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  58. JUDGMENT ENTRY(53640601) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  59. DECREE OF CONFIRMATION (Parcel(s) #86208053) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO SMARTLAND FND4, LLC A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  60. JUDGMENT ENTRY(53385542) SENT BY REGULAR MAIL SERVICE. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  61. JUDGMENT ENTRY(53385537) SENT BY REGULAR MAIL SERVICE. TO: JEFFREY T KALNIZ 3409 N. HOLLAND SYLVANIA ROAD SUITE 10 TOLEDO, OH 43615-0000
  62. JUDGMENT ENTRY(53385541) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  63. JUDGMENT ENTRY(53385540) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  64. JUDGMENT ENTRY(53385539) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  65. JUDGMENT ENTRY(53385538) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  66. PLAINTIFF'S MOTION FOR AMENDED JUDGMENT ENTRY/SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 02/29/2024, IS GRANTED. ORDER SEE JOURNAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  67. MOTION FILED FOR P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE TED A HUMBERT 0022307 MOTION FOR AMENDED JUDGMENT ENTRY/SUPPLEMENTAL ORDER OF DISTRIBUTION 03/25/2024 - GRANTED
  68. GENERAL PLEADING FILED BY D2 TIMOTHY J DAVIS ATTORNEY JEFFREY T KALNIZ 0067213 ENTRY OF APPEARANCE AS COUNSEL FOR DEFENDANT TIMOTHY J. DAVIS
  69. OOS ORDER OF SALE RETURNED 2/15/2024, SOLD DATE 2/12/2024 SOLD TO: SMARTLAND FND4, LLC FOR $205,100.00
  70. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $648.80 PREPAID TO LEGAL NEWS.
  71. RECORDER'S FEE $1.00
  72. CERTIFICATE OF TITLE $564.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  73. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 02/12/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 02/12/2024 IT WILL BE RE-OFFERED ON 02/26/2024 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. PAUL D KINCZEL, APPRAISAL COST: $53.06 REGULAR FEE AND MILEAGE. VERNON A. BLAZE, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-985499 DATED THIS 9th DAY OF JANUARY, 2024 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  74. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  75. LAND APPRAISAL OOS..
  76. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 862-08-053
  77. REAL AUCTION
  78. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  79. PRAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  80. JUDGMENT ENTRY(52652374) SENT BY REGULAR MAIL SERVICE. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  81. JUDGMENT ENTRY(52652373) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY J DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  82. JUDGMENT ENTRY(52652372) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  83. JUDGMENT ENTRY(52652371) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  84. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  85. MAGISTRATE'S DECISION(52473297) SENT BY REGULAR MAIL SERVICE. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  86. MAGISTRATE'S DECISION(52473296) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY J DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  87. MAGISTRATE'S DECISION(52473295) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  88. MAGISTRATE'S DECISION(52473294) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  89. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  90. DEFAULT HEARING HELD. ATTORNEY HUMBERT APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS DID NOT PARTICIPATE. MAGISTRATE'S DECISION TO BE FILED AND ISSUED SEPARATELY. NOTICE ISSUED
  91. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  92. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/28/2023 AT 11:00AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  93. GENERAL PLEADING FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  94. AFFIDAVIT FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  95. AFFIDAVIT FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON MILITARY
  96. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 11/28/2023 - GRANTED
  97. USPS RECEIPT NO. 51868825 DELIVERED BY USPS 09/21/2023 DAVIS/TIMOTHY/J PROCESSED BY COC 09/27/2023.
  98. USPS RECEIPT NO. 51868824 DELIVERED BY USPS 09/21/2023 DAVIS/DEBORAH/ PROCESSED BY COC 09/27/2023.
  99. ALL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  100. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  101. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  102. SUMS COMPLAINT(51868825) SENT BY CERTIFIED MAIL. TO: TIMOTHY J DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  103. SUMS COMPLAINT(51868824) SENT BY CERTIFIED MAIL. TO: DEBORAH DAVIS 1159 GIESSE DRIVE MAYFIELD HEIGHTS, OH 44124
  104. SUMMONS E-FILE COPY COST
  105. SUMMONS E-FILE COPY COST
  106. WRIT FEE
  107. WRIT FEE
  108. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  109. SPECIAL PROJECTS FUND FEE
  110. LEGAL RESEARCH
  111. LEGAL NEWS
  112. LEGAL AID
  113. COMPUTER FEE
  114. CLERK'S FEE
  115. DEPOSIT AMOUNT PAID TED A HUMBERT
  116. DEPOSIT AMOUNT PAID TED A HUMBERT

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